Gemtone Inc. AKA Treasure Valley Business Center CUP/PUDADA COUFITY HIC3
HWAV DISTRICT
518 EAST 87TH STREET
• BOISE, IDAHO 85714
Inter -Department
Correspondence
To: Ada County Highway District Commission
Date: January 7, 1991
From: Development Services
Subject: MERIDIAN - CU FAIRVIEW & EAGLE COMMERCIAL PUD
(Gemtone, Inc., 1412 W Idaho, Suite 207, Boise ID 83701 - 343-4000)
FACTS & FINDINGS:
1. Gemtone, Inc. is requesting conditional use approval for construction of
commercial (retail) buildings in an area zoned I -L (Industrial -Light) .
2. Fairview is designated a major arterial street on the 1995 Urban Func-
tional Street Classification Map requiring 80 -feet of right-of-way and
construction to a 65 -foot back-to-back street section with 5 traffic lanes.
• Fairview Avenue has 100 -feet of right-of-way (which is adequate), and
is improved with five traffic lanes.
3. Eagle Road is under the jurisdiction of Idaho Transportation Depart-
ment. Submittals shall be provided to that Department for requirements
and comments.
Requirements are provided to Meridian Planning & Zoning as conditions for
compliance.
SITE SPECIFIC REQUIREMENTS:
1. Provide a traffic impact analysis to the District for the purpose of
determining specific requirements.
STANDARD REQUIREMENTS:
1. Street and drainage improvements required in the public right-of-way
shall be designed and constructed in conformance with District stan-
dards and policies.
2. Specifications, land surveys, reports, plats, drawings, plans, design
• information and calculations presented to ACHD shall be sealed, signed
and dated by a Registered Professional Engineer or Professional Land
Surveyor, in compliance with Idaho Code, Section 54-1215.
MERIDIAN/DSTECH 1-10-91
Meridian CU _ Fairviel& Eagle
January 7, 1991
Page 2
C�
3. Written approval shall be obtained from the appropriate irriga-
tion/drainage district authorizing storm runoff into their system.
4. Obstructions (utility facilities, irrigation and drainage appurtenances,
etc.) shall be relocated outside of the proposed street improvements.
Authorization for relocations shall be obtained from the appropriate
entity.
5. Existing irrigation and drainage systems shall be continued across par-
cel.
6. Three sets of street construction plans shall be submitted to the Dis-
trict for review and appropriate action.
7. Site drainage plans showing that storm runoff will not flow into public
right-of-way shall be submitted for review and appropriate action by
ACRD, in compliance with Boise City Code 11-3-54 and ACHD policy.
8. Design data for proposed access to public streets shall be provided for
review and appropriate action by ACHD.
9. Driveways shall be located a minimum of 5 -feet from the side lot proper-
ty lines.
10. A right-of-way permit must be obtained from ACHD for all street and
utility construction within the public right-of-way. Contact Quality
Control at 345-7667 (with zoning file number) for details.
11. A request for modification, variance or waiver of any requirement or
policy outlined herein shall be made, in writing, to the Manager of
Engineering Services within 15 calendar days of the original Commission
action. The request shall include a statement explaining why such a
requirement would result in substantial hardship or inequity.
Should you have any questions or comments, please contact the Develop-
ment Services section at 345-7662.
STAFF SUBMITTING:
DATE OF COMMISSION APPROVAL:
Pat Dobie, P.E.
•
MERIDIAN/DSTECH 1-10-91
•
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MERIDIAN, IDAHO
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TREASURE VALLEY BUSINESS
MERIDIAN, IDAHO
CENTER
MERIDIAN CITY COUNCIL
FEBRUARY 19, 1991
PAGE #4
ITEM #5: FINAL PLAT: THE LANDING #1:
David Turnbowl: I'm representing the developer, here to request the acceptance of
the Final Plat of The Landing Subdivision #1.
Tolsma: Did this development take into consideration the school districts comments?
Turnbowl: We would like to get together with the School District and discuss this.
The Motion was made by Myers and seconded by Tolsma to approve the Final Plat for The
Landing #1:
Motion Carried: All Yea:
ITEM #6: COVENANTS FOR THE LANDING #1:
The Motion was made by Myers and seconded by Yerrington to approve the Covenants
conditioned upon the attorney's approval.
Motion Carried: All Yea:
ITEM #7: REQUEST BY GEMTONE, INC. FOR ONE ADDITIONAL ACCESS POINT FROM FAIRVIEW AVENUE
TO TREASURE VALLEY BUSINESS CENTER.
Rich Allison: We've been trying to find a way to accomodate their access needs which
are principally two access points on Fairview. A large retail center to accomodate
clothing store, farm equipment, tire store, realignment center, convenience store
and gas station all those in one user. The user would use approximately 12 to 15 thousand
square feet of store, it is a multi state user called Intermountain Farmers. As you may
note from the Treasure Valley Business Center Phase I development within blocks one
through five, block one they currently have three access points. What we are asking is
that we may receive one additional access points so that we could relocate these at
the lot lines themselves, which would allow for traffic flow through the entire project.
Being two access points on parcel five one from Hickory, the second which would be on
Fairview and then the others which would align on Fairview.
The Motion was made by Myers and seconded by Tolsma to approve the request by Gemtone
for an additional access point on Fairview Avenue to Treasure Valley Business Center
on the lot lines.
Motion Carried: All Yea:
ITEM #8: DEPARTMENT REPORTS:
Myers: The new fire suits came in and we'll try to have them here next meeting for you
to look at.
Kingsford: We have two seats on the Economic Development Corp. which need to be
filled the term has ran out. At this time I'd like to nominate Walt Morrow for a three
year term and Wally Lovan for a two year term.
e
l 0 0
THOMAS T. WRIGHT COMPANY
Real Estate
February 13, 1991
Mr. Jack Niemann
City Clerk
City of Meridian
33 East Idaho
Meridian, ID 83642
Re: Fairview Avenue Access Points
Treasure Valley Business Center
Meridian, Idaho
Dear Mr. Niemann:
THOMAS T. WRIGHT
CCIM. SIOR
As the enclosed plat indicates, the portion of Treasure Valley
Business Center - Phase I on the south side of East Fairview
Avenue, lying between North Hickory Avenue and North Eagle Road,
presently has three private access points.
The purpose of this letter is to request one additional access
point for that strip of property. In other words, we will increase
the present three allowed access points to four allowed access
points for those five lots fronting on East Fairview Avenue.
It is our anticipation that each of these access points will fall
on the property line common to each pair of lots. That is to say,
there would be an access point at the lot line between lots 1 and
2, at the lot line between lots 2 and 3, at the lot line between
lots 3 and 4 and at the lot line between lots 4 and 5.
If you would ask the Mayor and City Council of the City of Meridian
to approve this request it would be greatly appreciated.
For your information, I do have a prior commitment on Tuesday
evening, February 19, 1991. Mr. Rich Allison, Ada County Real
Estate, will be appearing at the City Council Meeting in behalf of
Treasure Valley Business Center if you wish to ask for further
clarification to this request.
Very truly yours,
MTONE, INC./TREASURE VALLEY BUSINESS CENTER
L—.J
Thomas T. Wright
TTW:kp
Enclosure
cc: Rich Allison
P.O. Box 2727 • 1412 West Idaho, Suite 207 • Boise, Idaho 83701 9 (208) 343.4000
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HUB OF TREASURE VALLEY
A Good Place to Live
OFFICIALS
JACK
JANICE OASS, Treasurer
NICEGAANNr Treasuity rer
CITY OF MERIDIAN
BRUCE D. STUART, Water Works Supt.
WAYNE G. CROOKSTON, JR., Attorney
33 EAST IDAHO
EARL WARD, Waste Water Supt.
MERIDIAN, IDAHO 83642
KENNY BOWERS, Fire Chief
BILL GORDON, Police Chief
Phone 888-4433
GARY SMITH, City Engineer
GRANT P. KINGSFORD
Mayor
February
8, 1991
MEMORANDUM
To: Jack Niemann, Zoning Administrator
Re: Gemtone, Inc. Rezone Request -
Treasure Valley Business Center
From: Gary Smith, PE, City Engineer
COUNCILMEN
RONALD R. TOLSMA
J. S. BERT MYERS
ROBERT OIESLER
MAX YERRINOTON
Chairman Zoning 3 Planning
JIM JOHNSON
Today I met with Rich Allison of Ada County Real Estate
(Meridian) and the ACHD staff concerning Rich's desire to have
two vehicle access points from Fairview Ave. into Lot 5-Blk.1
of the TVBC-Phase I plat. I am attaching a photocopy of this
part of the plat for your reference.
Presently the plat allows some access points from Fairview Ave.
at specific minimum spacing. From the centerline of Eagle Rd.,
progressing west, the first access allowed is at a minimum dis-
tance of 500 feet. From that access a maximum of 4 additional
access points are allowed at not less than 400 foot intervals.
The plat does not allow an acess from Fairview into Lot 5-Blk.1
as it was to be accessed from N. Hickory Ave.
After considerable discussion the ACHD staff concluded they
could allow, under their existing policies, two access points
onto Fairview from each lot. I told them I felt there was some
legal implication by the recorded plat that only those access
points shown on the plat were allowed unless the plat was amended.
I feel the two access points per lot will encourage a type of
development known as "strip commercial" which I understand is
contrary to the present thinking of our Mayor and City Council.
The ACHD said if an application was made to amend the plat, con-
cerning the points of access for Lot 5-Blk. 1, they would look
at the overall access situation to the lots fronting Fairview
Ave. and Eagle Road.
I have talked to you and Mayor
and I believe you feel as I do
from these platted lots should
the recorded plat.
Kingsford about this situation
that access to Fairview Ave.
be limited to what is shown on
• 0
�hi1F(1IMW1I;ff!M :in (y 14naIzL
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the
City of Meridian and the laws of the State of Idaho, that the
Meridian City Council of the City of Meridian will hold a public
hearing at the Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, at the hour of 7:30 o'clock p.m., on March 19,
1991 for the purpose of reviewing and considering the Application
of Gemtone, Inc. for a Conditional Use Permit for a portion of
the SE 1/4 and a portion of the NE 1/4, both parcels in Section
8, T. 3N., R. 1E., B. M. ; and a portion of the NW 1/4 of Section
9, T. 3N.9 R. 1E.9 B. M. ; and Lots 1 and 2 of Block 3 and all of
Blocks 1, 2 and 4 all of Treasure Valley Business Center, Phase
I, all of which land is on the east and west side of Eagle Road
and south of Fairview Avenue, for the purpose of a Planned Unit
Development -General for the development of commercial and light
industrial uses; a more particular description of the above
property is on file in the,City Clerk's office and is available
for inspection during regular business hours.
Public comment will be taken and is welcome.
DATED this/Zt' day of -i r � � , 1991.
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the
City of Meridian and the laws of the State of Idaho, that the
Planning and Zoning Commission of the City of Meridian will hold
a public hearing at the Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m. on
January 8, 1991, for the purpose of reviewing and considering the
Application of Gemtone, Inc. for a conditional use permit for a
portion of the SE 1/4 and a portion of the NE 1/4, both parcels
in Section 8, T. 3N., R. 1E., B.M.; and a portion of the NW 1/4
of Section 9, T. 3N., R. 1E., B.M.; and Lots 1 and 2 of Block 3
and all of Blocks 1, 2 and 4 all of Treasure Valley Business
Center, Phase I, all of which land is on the east and west side
of Eagle Road and south of Fairview Avenue, for the purpose of a
Planned Unit Development -General for the development of
commercial and light industrial uses; a more particular
description of the above property is on file in the City Clerk's
office and is available for inspection during regular business
hours.
Public comment will be taken and is welcome.
DATED this)/_7 =qday of December, 1990.
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlan, Idaho
83642
Telephone 8684461
MERIDIAN P & Z
FEBRUARY 12, 1991
PAGE #2
0
Powell: Right now I not completely clear on what the developers mode of financing
is. Mrs. Arnold and her husband are moving to Boise to finance and see the
construction for the first phase and I don't know whether she has financing taken
care of at this time.
Rountree: Did you see the comment from the City Engineer that would indicate that
there would be no direct access from any lots on Pine Avenue?
Powell: Yes. No problem with access.
Rountree: Does the presence of the road create any grief with the way you propose
to develop?
Powell: I put a couple of concepts before the owner, one of which would be to
possibly do a slide over X on the streets and actually create an earth and burm along
the Railroad and then possibly even a wooden fence to give further sound barrier. We
have also discussed having a slight green belt around the perimeter, which would also
outline the existing eight mile lateral to give a slight buffer in that area to.
Johnson: Anyone else to testify? Hearing no response, I will close the Public Hearing.
Rountree: It would be nice to have a more concrete concept before we advance it through
the zoning.
The Motion was made by Rountree and seconded by Alidjani to have the attorney prepare
Findings of Fact and Conclusions of Law.
Motion Carried: All Yea:
ITEM #2: FINDINGS OF FACT & CONCLUSIONS OF LAW ON REQUEST FOR PUD GENERAL BY GEMTONE,
INC..
Rountree: I think the conclusions should be amended to reflect that access on
Fairview be limited to no more than #4, accesses that would jointly serve adjoining
subdivison parcels.
The Motion was made by Rountree and seconded by Shearer that the Meridian Planning
and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions.
Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea; Alidjani - Yea:
Motion Carried: All Yea:
The Motion was made -by Rountree and seconded by Shearer that the Meridian Planning
and Zoning Commission hereby recommends to the City Council of the City of Meridian
that the Council approve the Conditional Use Permit requested by the Applicant for
the property described in.the application under the conditions contained herein,
0 •
MERIDIAN P & Z
FEBRUARY 12, 1991
PAGE #3
specifically 11-9-607 of the Revised and Compiled Ordinances of the City of Meridian;
Limiting to four the number of access points off of Fairview Avenue East of North
Hickory Avenue, access points to be on the common lot lines. That any Conditional
Use granted by conditioned on compliance with the conditions herein and that the
Conditional Use be revoked for failure to comply with the conditions.
Motion Carried: All Yea:
ITEM #3: PUBLIC HEARING: PRELIMINARY PLAT ON CRYSTALSPRING SUBDIVISION:
Johnson: I will now open the Public Hearing, is there anyone present who wishes
to address the Commission, if so please come forward and be sworn.
Duane Gugin, 1692 Todd Way, was sworn by the attorney.
Gugin: I have a few questions. I live in the subdivision to the west of this
proposed subdivision. What are the prices ranges of these homes?
Johnson: We don't have prices, we have lot sizes. Minimum footage is 1400 sq. feet, so
your probably looking at around $80,000. to $90,000. price range.
Gugin: Question number two, I believe that Mr. Boesiger proposed to build another
subdivision on the southwest corner of Linder and Cherry Lane approximately six months
ago. Did that pass may I ask?
Johnson: It passed, but he dropped it.
Gugin: 120 Units is not a great deal and yet I have one question, in Sunnybrook
Farms at the present times, during the summer especially we have a water pressure
situation out there where it is very low, what is this going to do to our subdivision?
Johnson: That's a good question, I don't think anyone here is able to answer that.
The City Engineer is the one to answer that. You could contact him concerning this
water pressure problem.
Boesiger: We are looking at between $95,000. and $125,000. price range.
Gugin: With only one access into this what is this going to do to the traffic
pattern? Cherry Lane is already congested. Also this 120 homes is not going to help
our schools. Are they going to offer help or.:promote help in pursuant to their
subdivision to our schools?
Johnson: That's something that you need to ask the schools.
Johnson:..At this time we'd like a representative to come forward so we can ask
some questions please?
Mike Preston, with Hubble Engineering, 420 Bitteroot Drive, was sworn by the attorney.
Preston: In relation to Mr. Smith's comments, we can concur with the conditions put
on us in relation to the various technical issues. Explained on one of the
culdesacs they will be taking one home out as to meet the width requirements. We
are proposing to install eight street lights. We are also proposing to complete
0
AMBROSE,
FITZGERALD
6 CROOKSTON
Attom"s and
Couft"kn
P.O. BOX 127
MWIdlan, Idaho
83842
TaWW188884481
u • •
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
GEMTONE, INC.
CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT --GENERAL
FAIRVIEW AVENUE AND EAGLE ROAD
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having come on for public hearing
January 8, 1991, at the hour of 7:30 o'clock p.m., the
Petitioner appearing through Tom Wright, the Planning and Zoning
Commission of the City of Meridian having duly considered the
evidence and the matter, makes the following Findings of Fact
and Conclusions of Law:
FINDINGS OF FACT
1. That a notilce of public hearing on the Conditional Use
Permit was published for two (2) consecutive weeks prior to the
said public hearing scheduled for January 8, 1991, the first
publication of which was fifteen (15) days prior to said
hearing; that the matter was duly considered at the January 8,
1991 hearing; that the public was given full opportunity to
express comments and submit evidence; and that copies of all
notices were available to newspaper, radio and television
stations.
2. That this property is located within the City of
Meridian and is owned by the Petitioner, and is described in the
AMBROSE,
FITZGERALD
6 CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Mwidlan, hWw
83012
Talapho" B88 4181
0 •
application, which description is incorporated herein as if set
forth in full; the property is in the southeast and the
southwest quadrants of the intersection of the Fairview Avenue
and Eagle Road; Petitioners propose to develop the property in
mixed use fashion containing both Commercial and Light
Industrial uses as a planned unit development -general.
3. That the property is located in what is presently
designated in the Meridian Comprehensive Plan as the Eastern
Industrial Review Area; the Industrial Review Areas are
generally addressed in the Meridian Comprehensive Plan at Page
15 and read as follows:
INDUSTRIAL REVIEW AREAS: The Industrial Review Areas
are an essential element of the Meridian Comprehensive
Plan. Special uses of land must be recognized as
having special needs and diverse impacts. Designating
certain areas for business uses, as a method of
guiding business expansion, is an appropriate approach
to Meridian's economic future and provides for the
essential difference between the City's business land
market and the residential land market. The
Comprehensive Plan intends to prepare for Meridian's
business and employment future by reserving land for
industrial, retail, commercial and office uses and so
removing them from the categories of land on which
residential development can be proposed. In all
review areas, detailed economic analysis is essential,
so that the specifics of industrial plans, designs and
development will be known.
Each Industrial Review Area is recognized as
possessing unique physical and locational
characteristics, both natural and man-made, which make
it a desireable business environment. These
characteristics are relatively level topography,
potentially good access to rail and freeway
facilities, and being relatively free from
environmental hazards. A specific set of policies has
been prepared for the development of each of the
Review Areas and is discussed in a later section of
the plan document.
4. That the specific Eastern Industrial Review Area is
AMBROSE,
FITZGERALD
8CROOKSTON
Attomeya and
Coanadore
P.O. Box 127
MWWWn, Idaho
83842
TdephoneSIS401
• •
discussed at Page 19 of the Comprehensive Plan and reads as
follows:
EASTERN INDUSTRIAL REVIEW AREA/POLICIES:
1. It is the policy of the City of Meridian to
encourage and promote the development of an
interchange (egress and ingress) at the intersection
of Eagle Road and Interstate I-84 by the Idaho
Department of Transportation. (This policy was
recently deleted from the Plan since the interchange
has been constructed.)
2. It is the policy of the City of Meridian to
encourage and promote the development of an overpass,
if an interchange is not feasible, at the intersection
of Locust Grove and I-84 by the Idaho Department of
Transportation.
3. The character, site improvements and type of
industrial developments should be harmonized with the
residential area to the south (on the upper bench),
the contiguous residential area to the east and north.
4. The utilization of the linear open space corridor
of Five Mile Creek, which passes through the Eastern
Industrial Review Area, should be maintained as
natural resource for both aesthetic and environmental
reasons.
5. That the land is presently zoned I -L, Light
Industrial.
6. That a planned general development is defined as
follows:
Planned General Development (PD -G) - A development not
otherwise distinguished
under Planned Commercial,
Industrial,
Residential Developments, or which in the
proposed use
of interior and exterior spaces requires
unusual design
flexibility to achieve a completely
logical and
complementary conjunction of uses and
functions.
This PD classification applies to
essential
public services, public or private
recreation
facilities, institutional uses, community
facilities
or a PD which includes a mix of
residential,
commercial or industrial uses.
7. That the Zoning Schedule of Use Control, 11-2-409
presently contains a category for general or industrial planned
E
AMBROBE,
RITMERALD
d CROOKSTON
Attomeye and
Counsekn
P.O. Box 427
MsrW=' Idaho
83642
Telephone tifl&4481
nit developments; that the schedule allows a planned unit
evelopment-general as a conditional use in the I -L; that a
lanned Unit Development - Industrial is an allowed use in the
-L zone without a conditional use permit.
8. That the property to the west is vacant ground with
ome residential, farm and commercial uses; the property to the
ast is vacant property and farm ground with a few residences;
he property to the south is farm ground and Light Industrial;
he property to the north is farm ground and residences.
9. That proper notice has been given as required by law
nd all procedures before the Planning and Zoning Commission
ave been given and followed.
10. That part of the property has been platted and is
,resently developed with roads, curb and gutter and sidewalks in
ome areas; there is one existing business in the area which is
� freight and trucking depot; that the other portion of the
ubject property has not been platted or developed; that the
iortion which has been platted has sewer and water lines
nsta11ed.
11. That the Applicant has not submitted a petition signed
iy at least 75% of the people owning property within 300 feet of
:he property indicating their approval of the use of the
iroperty as requested by Applicant as such is not required under
:he conditional use requirement in the I -L zone.
12. That the City of Meridian does have control guidelines
ind requirements for planned developments in 11-9-607 and such
ire incorporated herein as if set forth in full.
AMBROSE,
FITZGERALD
&CROOKSTON
Altorne" snd
Counselors
P.O. Sox 427
Maddlsn, Idaho
83842
Telphone 88&4481
CONCLUSIONS
1. That all the procedural requirements of the Local
Manning Act and of the Ordinances of the City of Meridian have
)een met; including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
)roperty;
2. That the City of Meridian has authority to grant
:onditional uses pursuant to 67-6512, Idaho Code, and, pursuant
to 11-2-418 of the Revised and Complied Ordinances of the City
of Meridian, Idaho;
3. That the City of Meridian has authority to place
conditions on a conditional use permit and the use of the
property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-
18(D) of the Revised and Compiled Ordinances of the City of
Meridian, Idaho;
4. That 11-2-418(C) of the Revised and Complied
Ordinances of the City of Meridian sets forth the standards
under which the Planning and Zoning Commission and the City
Council shall review applications for Conditional Use Permits;
that upon a review of those requirements and a review of the
acts presented and the conditions of the area, the Planning and
Zoning Commission concludes as follows:
a. The use would, in fact, constitute and a conditional
use permit would be required by ordinances.
b. The proposed possible uses apparently would be
harmonious with and in accordance with the
Comprehensive Plan as amended, but the Zoning
Ordinance, as amended, requires a conditional use
permit to allow the use.
AMBROBE,
PITZaERALD
&CROOKSTON
Attm ep wid
Comuslon
P.O. Box 127
Maddien, Idaho
63612
Tw"hona 6681/81
c. The proposed possible uses apparently would be
designed and constructed, to be harmonious in
appearance with the intended character of the general
vicinity.
d. That the proposed possible uses should not be
hazardous nor should they be disturbing to existing or
future neighboring uses.
e. Sewer and water service are installed in some of
the area.
f. The possible proposed uses would not create
excessive additional requirements at public cost for
public facilities and services and the possible
proposed uses would not be detrimental to the economic
welfare of the community.
g. The proposed possible uses would apparently not
involve a use, activity, process, material, equipment
or conditions of operation that would be detrimental
to person, property or the general welfare by reason
of excessive production of traffic or noise.
h. Sufficient parking for the property and the
proposed use must be provided.
i. The development and probable uses will likely not
result in the destruction, loss or damage of a natural
or scenic feature of major importance.
5. That all development in the area shall be controlled
and guided by design review, and shall be guided and controlled
under 11-9-607, Planned Development, and shall meet all of the
Drdinances of the City of Meridian.
6. That the application and proposed possible uses are in
-ompliance with the Meridian Comprehensive Plan and with the
Iranting of the Conditional Use, if done so, the application and
)roposed possible uses and development would be in compliance
vith the Zoning Ordinance.
7. That the granting of this application would be in the
)est interest of the City of Meridian.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts
and approves these Findings of Fact and Conclusions.
ROLL CALL:
Commissioner Nepper
Commissioner Rountree
Commissioner Shearer
Commissioner Alidjani
Chairman Johnson (Tie Breaker)
DECISION AND RECOMMENDATION
Voted
Voted
Voted
Voted
Voted
The
Meridian Planning
and
Zoning
Commission
hereby
recommends
to the City Council
of
the City
of Meridian
that the
Council approve the Conditional Use Permit requested by the
Applicant for the property described in the application under
the conditions contained herein, specifically 11-9-607 of the
Revised and Complied Ordinances of the City of Meridian; that
any Conditional Use granted by conditioned on compliance with
the conditions herein and that the Conditional Use be revoked
for failure to comply with the conditions.
MOTION:
AMSROSE,
FITZGERALD
&CROOKSTON
APPROVED:
Attorneys and
CWmplon
P.O. Sox 427
McNdlan, Idaho
83842
TelephansOMM461
DISAPPROVED:
MERIDIAN P & Z
JANUARY 8, 1991
PAGE #4
to be kept in consideration there as far as the impact to that subdivision that we are
in. I understand they need more egress also, but its easy to figure out that anybody
from that end of the subdivision is going to come out that way.
Johnson: Anyone else to testify? Hearing no response I will close the Public
Hearing. Any Discussion.
Rountree: I'm a little concerned that granted S.E. 5th is a dedicated easement but it
is not a dedicated public right of way for transportation facility. It seems to me
that that ought to be set up as a public right of way for future improvement.
The Motion was made by Rountree and seconded by Shearer to recommend approval of this
preliminary plat with the following conditions: A steady committee be put together
including at a minimum the City Engineer and the developer to resolve the well issue,
and water pressure issue for fire, also that the Developer adhere to the comments
of ACHD once they are received, that ACRD, the developer and the City resolve the
issue of the interconnector that connect with Mesa Way, and that there be
resolution of the Public Access on the extension of S.E. 5th from the development to
Overland Road.
Motion Carried: All Yea:
ITEM $2: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT BY GEMTONE, INC. FOR
PUD GENERAL:
Johnson: I will now open the Public Hearing, is there a representative here?
Thomas Wright, 1412 W. Idaho, Boise, was sworn by the attorney.
Wright: I'm both a part owner of this project and in turn the marketing representative.
We have applied to the City of Meridian for a Conditional Use Permit under a Planned
Unit Development - General of as you are aware the TreasureValley Business Center.
They asked for and received a Industrial Light Zoning for the entire property. There
was a time when this City did issue the eastern portion of this property a temporary
retail zone for a potential regional shopping center. That zoning has since
expired so the entire 300 acres is zoned as Light Industrial. Presented a photo
and explained to the Commission. (TAPE ON FILE)
Rountree: I have a plat of Phase I here could you outline that on your drawing.
Wright: There is roughly 160 acres on both sides of Eagle Road, and about half of
that west side was platted.
Rountree:"►So there wouldn't be any change in the access points.
Wright: No, no changes. The property that we are trying to market are the platted
lots. We have a major company that has asked for 100 acres.
Rountree: You show two accesses onto Eagle Road, do you have a distance between those?
Wright: They are approximately 600+ Ft., we have those approved.
Rountree: One condition of that PUD -General is the 10% open space, can you show that
in the concept, what that's going to include.
MERIDIAN PLANNING & ZONING
JANUARY 8, 1991
PAGE #5
Wright: No. Presented an aerial picture taken in spring of 1990. Explained.
We haven't addressed the 10% space specifically.
Rountree: My question is, what would you consider those kinds of uses?
Crookston: What are the plans for access to those lots that are in that corner on
Fairview and Eagle? What about the access off the major, I mean onto these smaller
lots.
Wright: Showed Attorney where accesses are intended to be and these have been
approved.
Crookston: Are you talking about even re -doing some of this for interior roads
coming off of Jewell Street.
Wright: No.
Crookston: What is your plan for coming to the City again when you have a business
lined out thats ready to go, they know the property they want what is your thinking
as to how that's going to be approached as far as additional improvements such as
if the City required design review and things of that nature.
Wright: Just that now the COnditional Use Permit that we anticipate that we need
would be eliminated as a step but we still have to come in for Design Review and
obviously a Building Permit. Then any improvements that that user would require
would also come back in.
Johnson: Is there anyone else from the Public who would like to coarse forward?
Harry Jensen , 2075 E. Fairview, Meridian, was sworn by the attorney.
Jensen: I was in on the original when UP wanted to develop that particular piece of
property over there in Phase I, we did not object to any of it thatthey did with
the exception of when they wanted to put in the spur line along the west side.
When they were doing Phase I I requested a right of way to my property and at that
time Mr. Lloyd Howell stated to the Board here it was alright if we took that up
in Phase 2 and being a sucker a said yes that was fine, and they didn't put it down
in the minutes and consequently Phase 2 never come about and now I own the property
on the west side of Phase I. Showed Commission where abouts the property is located.
Previously we have brought our equipment down through an existing road that came
down through that property from Eagle Road, well when UP took over and rebuilt that
whole area, they constructed a pipe line which was to our advantage, and bring it
around to the edge so we didn't have to come all that way and service that ditch, and
it made it better for us for irrigation, but it did not give me access to the back
piece of property. The only thing I am requesting of Mr. Wright or this group is to
see somehow if we can work out a way to get an access to that back 15 acres.
MERIDIAN PLANNING & ZONING
JANUARY 8, 1991
PAGE #6
Alidjani: Wouldn't that southeast corner of that property your saying a portion
of it is not under their control and there is a green house sitting there that
somebody else owns that.
Jensen: Yes. Mine goes to a drainage ditch which is a ditch that can be covered
up in the future. The purpose of that drainage ditch was for the farms in that
area which included the farms that the different properties had, mine and the
neighbors and so on for the water to drain off the land and go down. It's all
developed, there is no use for a drainage ditch.
Clerk Niemann: Don't you have access off Fairview?
Jensen: I have access, my home is off Fairview. If I took fifty feet off of that
property for a right of way, it would put the road within about 25 ft. from my house.
Also for fire purposes I think they would want a second access to that property.
The only thing I'm requesting this Board and Mr. Wright to do is see if we can work
our something as a right of way for that property so it won't be an island.
Alidjani: Didn't you just say that if you couldn't make a deal with them you
do have a way to put access to your own property?
Jensen: I own my house and four acres up front on Fairview. If you took a fifty
foot right of way all the way down my property -
Alidjani: How many feet would that be from your four and the other fifteen acres?
Jensen: The length of that road is I think 800 ft.. The whole problem is that
canal.
Johnson: You indicated you had access to this property previous to the development
is that included on a deed or some kind of a document somewhere?
Jensen: Explained to Commission. (TAPE ON FILE) They didn't make the curb cut or
right of way like they said they were going to.
Johnson: The cold hard facts of it might be that you will have to eventually
work something out with the owners of the .property. It may be something that
we can not address right now, because we are really talking about something
that's outside of what we are considering -.tonight. Anyone else from the Public
that would like to testify?
Nick Nichols, 5107 Overland, Boise, was sworn by the attorney.
Nichols: I represent (BME) Business Management Enterprises, Inc.. We hold an
option of the property owned by Mr. Harry Jensen. We took that option and began
attempts to develop that land based on the premise that there was a old time agreement
probably with Union Pacific for an entry from that land into the fourteen acres
addressed by Mr. Jensen. We have plats ready for Meridian and we have been in
contact with Ada Planning & Zoning in preliminary to this Committee and have been
advised that it is necessary to have a second entrance into that area of land.
Johnson: Anyone else to testify? Hearing no response I will close the Public
Hearing.
C�
MERIDIAN PLANNING & ZONING
JANUARY 9, 1991
PAGE #7
The Motion was made by Alidjani and seconded by Shearer to have the Attorney
prepare the Findings of Fact and Conclusions of Law.
Motion Carried: All Yea:
No Recommendation made to the Council at this time.
Johnson: We do have a Special Meeting set up for January 22nd. One other item,
you got my letter regarding the possibility of changing our ordinances to allow
for amendment to a Conditional Use Permit. Discussion.
The Motion was made by Rountree and seconded by Shearer --to adjourn at 8:45 P.M.:
Motion Carried: All Yea:
JIM JOHNSON, CHAIRMAN
ATTEST:
pc: Mayor & Council
P & Zr Atty, Eng..-
Bldg.,
ng.,Bldg., Police, Valley News,
Statesman, ACHD, NMID, CDH,
School District, Ward,
Stuart, Gass,
Mail (2)
File (2)
Ask
I
'
CENTRAL DISTRICT HEALTH DEPARTMENT
ENVIRONMENTAL HEALTH DIVISION
1455 North Orchard
Boise, Idaho 83706
REVIEW SHEET
_ Rezone #
1/ Conditional Use
_
Preliminary/Final/Short Plat
'5-W -f--,se C elyt c m� �79+2V1�W f �2 lam.
We have no objections to this proposal.
2. We recommend denial of this proposal.
Return to:
Boise
Eagle
ri ian
Luna
JW ACZ
3. _ Specific knowledge as to the exact type of use must be provided before we can comment on
this proposal.
4. _ We will require more data concerning soil conditions on this proposal before we can comment.
5. _ We will require more data concerning the depth of (high seasonal ground water)(solid lava)
from original grade before we can camment concerning individual sewage disposal.
6. _ We can approve this proposal for individual sewage disposal to be located (2,4) feet above
solid lava layers.
7. ✓ We can approve this proposal for:
Central sewage Interim sewage Individual sewage _ Coamumity sewage system
and __tZntra''l water Individual water Comm
_ unity water well.
8. Plans for `Central sewage _Comaumity sewage system Sewage dry lines, and
&6ntral water _Community water must be submitted to and approved by the Regional
Health and Welfare Environmental Services Field Office.
9. f--� Street runoff is not to create a mosquito breeding problem.
10. _ This department would recommend deferral until high seasonal ground water can be determined
if other considerations indicate approval.
11. _ If restroan facilities are to be installed then a sewage system MUST be installed to meet
Idaho State Sewage Regulations.
12. _ We will require plans be submitted for a plan review for any (food establishment)(beverage
establishment)(swinming pools or spas)(grocery store).
13.
is/1W/tAa
Reviewed by Date
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THOMAS T. WRIGHT
COM, SIOR
THOMAS T. WRIGHT COMPANY
Real Estate
December 12, 1990
Mr. Jack Nieman
City Clerk
City of Meridian
33 East Idaho
Meridian, ID 83642
Re: Application for Conditional Use/
Planned Unit Development - General
Treasure Valley Business Center
Fairview Avenue at Eagle Road
Meridian, Idaho
Dear Jack:
Please find enclosed the following in connection with our
application for a Conditional Use Permit for the Treasure Valley
Business Center properties:
1. Application.
2. Legal description.
3. Copy of title insurance
4. Twenty-five (25) copies
5. List of owner names and
within three hundred
boundaries of Treasure
6. Check in the amount of
policy.
of three types of vicinity maps.
mailing addresses for all owners
(300) feet of the external
Valley Business Center.
$160.00.
As you are aware, all of the Treasure Valley Business Center
properties are currently zoned Industrial - Limited. Since many of
the potential users at Treasure Valley Business Center will be
interested in retail property development, we felt that the
Conditional Use Permit allowing a Planned Unit Development would be
in order. In this way, we hope to eliminate any potential delays
as specific users apply for approval to build on sites within the
subject property.
This letter is also to authorize a lien against the subject
property for payment of all costs incurred by the City of Meridian
in conjunction with this application for Conditional Use Permit,
including engineering, publication and attorney fees.
Further, we certify that the proposed uses do not violate any
covenants, conditions, restrictions or deed restrictions in
Treasure Valley Business Center.
P.O. Box 2727 9 1412 West Idaho, Suite 207 9 Boise, Idaho 83701 • (208) 343.4000
0
Mr. Jack Nieman
December 12, 1990
Page Two
If you need any additional information at this time, please do not
hesitate to let me know. I will be appearing as a shareholder and
marketing representative for Gemtone, Inc., the owner of record, at
the public hearings. If you would let me know of those dates, I
will look forward to appearing in behalf of this application.
Very truly yours,
GEMTONE, INC.
Thomas T. Wright
TTW:kp
Enclosures
CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT
NAME: GEMTONE, INC. (Thomas T. Wright) PHONE 343-4000
ADDRESS: 1412 W. Idaho, Suite 207, P.O. Box 2727, Boise, ID 83701
GENERAL LOCATION: Southwest quarter -section at Fairview & Eagle Rd. and Southeast
quarter -section at Fairview & Eagle Rd.
DESCRIPTION OF PROPOSED CONDITIONAL USE: planned Unit D-v-1npm n - General will
facilitate the marketing and subsequent development of some of the bare land parcels
to commercial (retail) utilization, rather than just industrial utilization as currently
zoned.
ZONING CLASSIFICATION: I -L (Industrial - Light)
PLAN: A plan of the proposed site for the conditional use showing the location of
all buildings, parking and loading areas, traffic access and traffic circu-
lation, open spaces, landscaping, refuse and service areas, utilities,
signs and yards.
6,CM IMC
+ r.
LEGAL NOTICE OF PUBLIC HEARING
Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian
Planning and Zoning Commission will hold a Public Hearing in the Meridian City
Hall on
at
The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by
for the property generally described
as located at
SUBDIVISION BLOCK LOT NUMBER
0
ALTA OWNER'S POLICY — 10/21/87 t
POLICY OF TITLE INSURANCE ISSUED BY
S T EWART TITLE
GUARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas
corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not
exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title; t
3. Unmarketability of the title;
x
s�
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' foes and expenses Incurred in defense of the title, as insured, but only
to the extent provided in the Conditions and Stipulations.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its
duly authorized officers as of the Date of Policy shown in Schedule A
f,
�p
STEWA.RT TITLE
�4i`i'R� t�!'itltitAM'f'Y oO1ki�AMY
Chairman of the Board President
Countersigned:
Authorized Signatory
Company
City, State EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or
hereafter eroded on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a
part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a
notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been
recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien
or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to
the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this
policy.
No.0.9941.600893
001 (Rev. 10/21/87)
mjl
Premium Amount:
SCHEDULE -A
Order No.: ST -90024298 JH/EG Policy No.: 0-9941-600893
Date of Policy: SEPTEMBER 07, 1990 at 3:42 P.M.
Amount of Insurance:
1. Name of Insured:
GEMTONE, INC.
2. The estate or interest in the land described herein and which
is covered by this Policy is:
FEE SIMPLE
3. The estate or interest referred to herein is at the date of
policy vested in:
GEMTONE, INC., an Idaho Corporation
4. The land referred to in this Policy is situate in State of
IDAHO, County of ADA:
PARCEL A:
A parcel of land located in the SE 1/4 of Section 8, T. 3 N.,
R. 1 E., B.M., Meridian, Ada County, Idaho, and more
particularly described as follows:
Beginning at a brass cap marking the Southwest corner of
said SE 1/4 of Section 8; thence
North 00 degrees 31'12" East 1362.73 feet along the Westerly
boundary of said SE 1/4 of Section 8 to an iron pin on the
Northerly right-of-way line of the Union Pacific Railroad, also
said point being the REAL POINT OF BEGINNING; thence continuing
North 00 degrees 31'12" East 450.00 feet along the said
Westerly boundary of the SE 1/4 of Section 8 to an iron pin;
thence
Owner's Schedule A- 1
ATTACHEDTO MADE A PART OF STEWART
TITLE GUARANT COMPANY POLICY NO.! 0-99 600893
Order No.: ST -90024298 JH/EG
South 88 degrees 28'39" East 252.00 feet to an iron pin;
thence
South 00 degrees 31'12" West 450.00 feet to an iron pin
on the said Northerly right-of-way line of the Union Pacific
Railroad; thence
North 88 degrees 28'39" West 252.00 feet along said Northerly
right-of-way line to the REAL POINT OF BEGINNING.
PARCEL B:
A parcel of land located in the SE 1/4 of Section 8, T. 3 N.,
R. 1 E., H.M., Meridian, Ada County, Idaho, and more
particularly described as follows:
Beginning at a brass cap marking the Southwest corner of
the said SE 1/4 of Section 8; thence
North 00 degrees 31'12" East 1812.73 feet along the Westerly
boundary of said SE 1/4 of Section 8 to an iron pin, said point
being the REAL POINT OF BEGINNING; thence continuing
North 00 degrees 31'12" East 836.86 feet along the said
Westerly boundary of said SE 1/4 of Section 8 to a brass cap
marking the Northwest corner of said SE 1/4 of Section 8; thence
South 89 degrees 54'19" East 490.88 feet along the Northerly
boundary of said SE 1/4 of Section 8 to an iron pin; thence
South 00 degrees 05141" West 15.00 feet to an iron pin, said
iron pin being a point on curve; thence
Southwesterly along a non -tangent curve to the left 694.58 feet,
said curve having a central angle of 89 degrees 34'29", a radius
of 444.28 feet, tangents of 440.99 feet and a long chord of
625.97 feet bearing South 45 degrees 18'27" West to an iron pin
marking a point of tangent: thence
South 00 degrees 31112" West 382.11 feet to an iron pin;
thence
North 88 degrees 28139" West 50.01 feet to the POINT OF
BEGINNING.
PARCEL C:
A parcel of land being Lots 1 and 2 of Block 3 and all of Blocks
1, 2 and 4 of TREASURE VALLEY BUSINESS CENTER - PHASE I, a
subdivision in the City of Meridian, Ada County, Idaho, the plat
of which was recorded on January 23, 1986, in Book 53 of Plats at
Pages 4790, 4791, and 4792, records of said County.
PARCEL D:
A parcel of land located in the NE 1/4 of Section 8,
T. 3 N., R. 1 E., B.M., Meridian, Ada County, Idaho, and more
particularly described as follows:
Owner's Schedule A- 2
ATTACHED TO MADE A PART OF STEWART
TITLE GUARANI COMPANY POLICY NO.: 0-
594600893
Order No.: ST -90024298 JH/EG
Beginning at a brass cap marking the Southwest corner of
said NE 1/4 of Section 8, said brass cap being the REAL POINT OF
BEGINNING; thence
North 00 degrees 31112" East 1213.74 feet along the Westerly
boundary of the said NE 1/4 of Section 8 to an iron pin marking
the Southwest corner of Treasure Valley Business Center - Phase
I, a subdivision, as filed for record in the office of the Ada
County Recorder, Boise, Idaho, in Book 53 of Plats at Pages 4790
through 4792; thence
South 89 degrees 35'15" East 2558.30 feet along the Southerly
boundary of said Treasure Valley Business Center - Phase I, to
an iron pin on the Westerly right-of-way line of North Eagle
Road, also said point being 70.00 feet Westerly of the Easterly
boundary of said NE 1/4 of Section 8; thence leaving said
Southerly boundary of Treasure Valley Business Center - Phase I
South 01 degrees 08'45" West 1199.72 feet along said Westerly
right-of-way line of North Eagle Road to an iron pin on the
Southerly boundary of said NE 1/4 of Section 8; thence leaving
said Westerly right-of-way line of North Eagle Road
North 89 degrees 54'19" West 2545.27 feet along said Southerly
boundary of the NE 1/4 OF Section 8 to the POINT OF BEGINNING.
PARCEL E:
A parcel of land located in the NW 1/4 of Section 9,
T. 3 N., R. 1 E., B.M., Meridian, Ada County, Idaho, and more
particularly described as follows:
Beginning at a brass cap marking the Northwest corner of
said NW 1/4 of Section 9; thence
South 01 degrees 08'45" West 184.99 feet along the Westerly
boundary of said NW 1/4 of Section 9 to an aluminum cap; thence
South 89 degrees 35'07" East 25.00 feet to a point; thence
North 58 degrees 10'32" East 53.64 feet to an iron pin
on the intersection of the Easterly right-of-way line of North
Eagle Road and the Southerly right-of-way line of U. S. Highway
30, also said point being the REAL POINT OF BEGINNING; thence
along the following courses and distances along the said
Southerly right-of-way line of U. S. Highway 30:
North 58 degrees 10'32" East 161.93 feet to an aluminum cap;
thence
South 89 degrees 35'00" East 410.00 feet to an aluminum cap;
thence
North 00 degrees 25'00" East 10.00 feet to an aluminum cap;
thence
South 89 degrees 35'00" East 2044.29 feet to an aluminum
cap on the Easterly boundary of said NW 1/4 of Section 9; thence
leaving said Southerly right-of-way line of U. S. Highway 30
South 00 degrees 48114" West 2600.75 feet along the
said Easterly boundary of the said NW 1/4 of Section 9 to a
Owner's Schedule A-3
'• ATTACHED TOMADE A PART OF STEWART
TITLE GUARAN COMPANY POLICY NO.: O-g =600893
Order No.: ST -90024298 JH/EG
brass cap marking the Southeast corner of said NW 1/4 of Section
9; thence leaving said Easterly boundary of the NW 1/4 of Section
9
North 89 degrees 20117" West 2605.43 feet along the
Southerly boundary of said NW 1/4 of Section 9 to an iron pin on
said Easterly boundary of North Eagle Road, said iron pin being
70.00 feet Easterly of the Southwest corner of the Southwest
corner of said NW 1/4 of Section 9; thence leaving said Southerly
boundary of the NW 1/4 of Section 9
North 01 degrees 08145" East 2493.36 feet along said
Easterly boundary of North Eagle Road to the POINT OF BEGINNING.
Owner's Schedule A 4
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